Whether there is a benefit to seek confirmation of the scope of a right to the patent after the extinguishment of the patent right (negative)

Article 135 of the Patent Act

Supreme Court Decision 94Hu223 Decided September 10, 1996 (Gong1996Ha, 3017), Supreme Court Decision 2007Hu4168 Decided January 18, 2008, Supreme Court Decision 2009Hu2241 Decided October 15, 2009, Supreme Court Decision 2014Hu1891 Decided March 12, 2015

1. As to the violation of the provisions of Article 13(1) of the Civil Act, the term "as to the violation of the provisions of Article 14(1) of the Civil Act" means "as to the violation

Copia Co., Ltd. and one other (Patent Attorney Park Jong-chul et al., Counsel for the plaintiff-appellant)

Patent Court Decision 2016Heo8636, 9189 decided June 30, 2017

The judgment of the court below is reversed and the lawsuit of this case is dismissed. All costs are assessed against the plaintiff.

Judgment ex officio is made.

A claim for a trial to confirm the scope of a patent right is intended to determine the scope of the existing patent right, so once the patent right legally created has ceased to have a benefit to seek confirmation of the scope of the patent right after the patent right is extinguished (see, e.g., Supreme Court Decisions 2007Hu4168, Jan. 18, 2008; 2014Hu1891, Mar. 12, 2015).

In light of the above legal principles and records, the patent invention of this case (patent number omitted) expired on July 13, 2017, which was after the decision of the court below, and as a result, there was no legal interest to seek revocation of the trial decision of this case. Thus, the lawsuit of this case was unlawful.

Therefore, the judgment of the court below is reversed as it is impossible to maintain it. Since this case is sufficient for the court to directly judge, the judgment of the court below is revoked, and the lawsuit of this case is dismissed. The total costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kwon Soon-il (Presiding Justice)